Mwakalonganya Mwakanyemba vs Mpwaka Walusamba (PC. Civil Appeal No. 47 of 1993) [1998] TZHC 2040 (11 November 1998)
Judgment
...J.v
IN THE HIGH COURT OF TANZANL-.
AT MBEYA
:•
· (PC )::IVIL APPEl:iL 'rm. 47 .OF·· 1993 .
(Frbr:( the decision of the District Court of
~ ..
·Chtili'.Y:a at Chunya in Civil Appea+,·No. 3 of
,,:;':
199'3 .. - o'iginal Civil Case f,rd{ 24 of 1992
.. ,.,of Chwfya .Urbari Primary Ctibft
. . . ' . .
BEFORE: Ri' K. Z/JVIBI ·.:.. S. D i.) .
MWAKJ'i.LONGANYA · MWAKAI'JYEMBA
:VERSUS
• • •
MPWAKA MWli.LUSAI•iBf- • • • • • • • 0 • • •
JUDGEMENT
APPELLANT
RESPONDEN·T
., .. ~ .
This is, -a usele:5.s_; appeal '#f. the appellant. .rhe
i:iarriage :.be;tweeh ·the appellant;·-M.wak;alorignya s/o
Mwako.nyemba.and hj.s wife who is-not ment'io'ri.dd anywhere
in the proceedings by name have ... not yet got divorced.
And yet the appllant filed this case demanding for refund
of his dowry he paid to the parents of his wife.
The frst. appellate court disDissed_tl:ie ·appeal on
reasons that there was no grant of divorce as yet. · Thi-s •
. . ' has killed his wife andy'now he
demands for refund of dowry despite having killed his
wife?
The respondent Mpwaka MwalusaGba brought up another
defence that he has been wrongly sued for the adninistrator
••• /2· -
was a correct stance of the·law. No refund of dowry can
be considered unless there
concedes that there was no
not know where his wife is
~
is a divorce·. •.'.l'he""appellant
• . • .,-. 0.
grant nf divor84;for he does
.· '
,
Well, there ·has 'to be a
divorce first, supp~~e .· h
2 of the est2te of the father in law of the ~l?pellant is known being his son who is still alive. This too coUld-- be a valid ground for having been '11rDngly sued. This appeal is frivolous. It is dis □ issed with costs. 18/11/98 Mwipopo, J. j ' . ' Ea. L •... K. MWIPOPO JUDGE 18/11/1998 Mwakalonganya Mwakanyeoba - Present in person Mpwaka Mwalusamba - Present in person Mr •. Naali, Advocate for the Respondent - Present C/G. Mrs. Kasubiri Judge □ ent delivered in the presence of both JUDGE . . 18/11/1996 ------- ....